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HomeMy WebLinkAboutPrelim - CC - 08-25-2016DRAFT PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, AUGUST 25, 2016 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Mayor Spiegel convened the meeting at 3:04 p.m. II. ROLL CALL Present: Mayor Pro Tern Jan C. Harnik Councilman Sabby Jonathan Councilman Van G. Tanner Councilmember Susan Marie Weber Mayor Robert A. Spiegel Also Present: Justin McCarthy, Interim City Manager Robert W. Hargreaves, City Attorney Rudy P. Acosta, Assistant City Manager Russell Grance, Director of Building & Safety Ryan Stendell, Director of Community Development Martin Alvarez, Director of Economic Development Janet M. Moore, Director of Finance/City Treasurer Lori Carney, Director of Human Resources Mark Greenwood, Director of Public Works Anthony Baur, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Department Sgt. David Adams, Palm Desert Police/Riverside Co. Sheriffs Department Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None IV. ADJOURN TO CLOSED SESSION Request for Closed Session: PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2016 A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Desert Willow Lot Pads-APNs 620-450-012, -014; 620-450-016, -018, -020; 620-370-002, -004, -017, -018, -020, -033, -043; 620-400-005, -026; 620-400-008, -010 Negotiating Parties: Agency: Justin McCarthy/Rudy P. Acosta/ Martin Alvarez/City of Palm Desert/Successor Agency to the Palm Desert Redevelopment Agency Property Owner: Successor Agency to the Palm Desert Redevelopment Agency Under Negotiation: x Price x Terms of Payment B. Public Employee Appointment pursuant to Government Code Section 54957: Title of Position: City Manager With City Council concurrence, Mayor Spiegel adjourned the meeting to Closed Session of the City Council and Successor Agency at 3:05 p.m. He reconvened the meeting at 4:01 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Mr. Hargreaves reported that the City Council has directed staff to enter into negotiations with Ms. Lauri Aylaian for an Agreement as City Manager for the City of Palm Desert. The expectation is that the Agreement will come back for approval of the City Council at the September 8 meeting. The Agreement will be available to the public prior to that meeting. Mayor Spiegel stated the decision comes after a rigorous and extensive process that began with the retention of Ralph Anderson & Associates and Project Manager Dave Morgan on April 28, 2016. They conducted a nationwide recruitment for a new City Manager for the City of Palm Desert. After receiving nearly 50 applications from across the country, the Council selected eight semifinalists for interviews in July. Following those interviews, the Council narrowed the field to three finalists who were interviewed on August 24, and Ms. Aylaian was unanimously selected by the Council as the top candidate. He went on to say that Ms. Aylaian has great knowledge of the City and can hit the ground running. 2 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2016 VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Councilman Van G. Tanner VII. INVOCATION - Mayor Pro Tern Jan C. Harnik VIII. ORAL COMMUNICATIONS - B MS. SUSAN FRANCIS, Executive Director of the Ophelia Project, thanked the Council for supporting them in launching the Ophelia Project at Palm Desert High School and Palm Desert Charter Middle School. Last year and this year combined, they will have served 162 Ophelia girls with 34 volunteers from Palm Desert. She introduced Judy Tanner and Wendy Jonathan as two of the Ophelia Project mentors. Mrs. Tanner shared they had a fabulous experience as first year mentors at Palm Desert High School last year and thanked the Council for supporting the Program. Ms. Francis added that the Program started with freshman and sophomore students, but this year they plan to serve freshman, sophomores, and juniors. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING SEPTEMBER 5 -11, 2016, AS "SUICIDE PREVENTION WEEK" IN THE CITY OF PALM DESERT. On behalf of the entire City Council, Mayor Pro Tern Harnik presented the proclamation to David Muth and fellow members of the local chapter of The American Foundation for Suicide Prevention. Mr. Muth said that Suicide Prevention Week is a very important week for people involved in suicide prevention. He thanked the volunteers and fellow Board Members, because none of them chose to become involved in suicide prevention. Based on Riverside County 2013 figures, it's reported that there were 104 homicides and 238 suicides. He added that suicide is a rising health care problem, because most people that die by suicide had been diagnosed with mental illness and/or depression. Many of these people are someone's relative, mom, dad, or children, and it's everyone's responsibility to help them, stating most people don't think about it until it hits close to home. He noted that Mayor Pro Tern Harnik's daughter Erica stopped someone from committing suicide on the 91 Freeway. He said there are simple ways to help when someone is reaching out. If you see someone struggling and contemplating suicide, take responsibility, listen to their story, tell them that you care, and encourage them to get treatment. He said a simple and compassionate conversation can save peoples lives. He K, PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2016 encouraged everyone to go to their website at afsr).orq to learn more about suicide prevention and events held in Palm Desert. Mayor Pro Tem Harnik stated that David Muth has taken a strong and active role for all the people in need. She went on to say that when her daughter Erica pulled this person off the bridge, all she kept repeating was that she cared. B. PRESENTATION TO THE CITY COUNCIL FROM THE PALM DESERT AMERICAN CANCER SOCIETY AND NEWS ABOUT THE UPCOMING 2016 RELAY FOR LIFE EVENT. Ms. Janine Judy noted she is an employee of the City and a passionate fundraising volunteer for the American Cancer Society. She thanked the Council and City employees for their generous fundraising efforts for the Relay for Life. She introduced Janice Freeman and Jennifer Heggie from the local American Cancer Society office. Ms. Janice Freeman presented the City Council with the 2015 Platinum Sponsor Award. The City of Palm Desert employees, since 2012, have raised more than $11,000 for the American Cancer Society. The Relay for Life Event is held every year on the first weekend of October in Palm Desert. The event celebrates cancer survivors and remembers those who have lost the battle. This year the event is scheduled for Saturday, October 1, 2016, from 9:00 a.m. to 9:00 p.m. at the Palm Desert Civic Center Park; the theme this year is Dr. Seuss. Ms. Heggie said the American Cancer Society has programs and services locally; however, many people don't know they have an office in Palm Desert on Fred Waring Drive. She said if anyone has a friend or family member who gets diagnosed with cancer, they are available 24/7 by calling 1-800-227-2345. She noted they offer free transportation to and from cancer treatments, and they also have a free wig bank at Lucy Curci Cancer Center at Eisenhower Medical Center for free. She thanked the Council for their support and looked forward to seeing them at the upcoming Relay for Life Event. C. PRESENTATION TO RECOGNIZE THE PALM DESERT EXPLORER POST 507 GRADUATES FROM THE 19T" ANNUAL LAW ENFORCEMENT ACADEMY. Sgt. Dave Smith announced that the Explorer Post 507 from the Palm Desert Sheriff's Station proudly represented the Palm Desert Station while attending the 19th Annual Law Enforcement Academy. The law enforcement explorers participated in various trainings such as: marching maneuvers, defensive 4 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2016 tactics, scenarios encountered by law enforcement, cross -fit training, force options, and fire arms training. While at the Riverside County Sheriff's Ben Clark Training Center, training was provided by well trained and knowledgeable Explorer Advisors from various law enforcement agencies. Explorers mature and take with them tools needed to become successful adults and are encouraged to pursue their dreams. They also learn how to become role models and leaders within their communities. On behalf of the entire City Council, Mayor Pro Tern Harnik presented Certificates of Recognition to Graduates Tristin Compton, Kevin Ndungu, and Dustin Simpson. She also presented Certificates to the following Explorer Advisors: Sgt. Dave Smith, Deputy J. Bugarin, Crystal Freedman, and Deputy Ryan Adams, who was unable to attend. Sgt. Dave Smith thanked the Council for the support given to the Palm Desert Explorer Program. He said the Program helps kids between the ages of 14 and 21 years old to get out in the community to assist with City events and learn about law enforcement and becoming role models. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meetings of July 28 and August 11, 2016, and the Special Meeting of July 29, 2016. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants Dated 7/15/2016 (2), 7/22/2016, 7/29/2016, 7/31/2016, 8/5/2016, and 8/10/2016. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY/HOUSING TREASURIES - Warrants Dated 7/22/2016, 7/29/2016, 8/5/2016, and 8/12/2016 (Joint Consideration with the Palm Desert Housing Authority). Rec: Approve as presented. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Bucatini, 36901 Cook Street, Suite 10, Palm Desert. Rec: Receive and file. PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2016 E. RESOLUTION NO. 2016 - 73 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth Its Findings and Authorizing the Destruction of Paper Records that Have Been Digitally Imaged from the Office of the City Clerk, to Rely on the Electronic Record as the Official Record - Various Record Center Documents as Specified in Section 3 (Exhibit "A"). Rec: Waive further reading and adopt. F. RESOLUTION NO. 2016 - 74 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth Its Findings and Authorizing the Destruction of Records from the Department of Community Development/Planning, as Indicated on the Records Retention Schedule (Adopted May 14, 2015) - Records from 1985 - 2009 (Exhibit "A"). Rec: Waive further reading and adopt. G. REQUEST FOR AUTHORIZATION to Release Security on file for Tract No. 36816 (Absolute Partners, Applicant). Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. H. REQUEST FOR AUTHORIZATION to Release Performance Security Agreement for Demolition Projects (Bighorn Golf Club, Applicant). Rec: By Minute Motion, authorize City Clerk to release the Performance Security Agreement for Bighorn Golf Club. REQUEST FOR AUTHORIZATION to Release Security on file for the Highway 111/Town Center Project (Harsch Investment Properties, Applicant). Rec: By Minute Motion, authorize City Clerk to release the security on file for the Highway 111/Town Center Project. J. REQUEST FOR APPROVAL of Fourth Amendment to the SunLine Joint Powers Transportation Agency Agreement (Contract No. C00515). Rec: By Minute Motion, approve Fourth Amendment to the SunLine Joint Powers Transportation Agency Agreement and authorize Mayor to execute same. N. PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2016 K. REQUEST FOR AUTHORIZATION of FirstAmendmentto Contract with H&L Partners in the Amount of $49,000 for the Development and Implementation of a Public Relations Program (Contract No. C34641). Rec: By Minute Motion: 1) Approve First Amendment to the subject Marketing Services Contract with H&L Partners, St. Louis, Missouri, in the amount of $49,000 for the development and implementation of a public relations program; 2) authorize Mayor to execute the First Amendment - funds are available in the approved FY 2016-2017 Budget in Account No. 1104417-4309000, Professional Other. L. REQUEST FOR AUTHORIZATION of First Amendment to Contract with Hurdzan Golf in an Amount Not to Exceed $5,000 to Provide Additional Construction Administration Services for the Desert Willow Firecliff Bunker Renovation Project (Contract No. C34940A). Rec: By Minute Motion: 1) Authorize First Amendment to the subject contract with Hurdzan Golf, Columbus, Ohio, in an amount not to exceed $5,000 to provide additional construction administration services for the Desert Willow Golf Firecliff Bunker Renovation Project; 2) appropriate $5,000 from Desert Willow Capital Improvement Fund 441 to Account No. 4414195-4809200. M. REQUEST FOR APPROVAL of Susan Smith Evans' Proposal for a Design for the Set of Two (2) Traffic Signal Cabinets on the Southwest Corner of Magnesia Falls Drive and Portola Avenue (Contract No. C35100). Rec: By Minute Motion, approve the proposal by Susan Smith Evans to be applied in vinyl to the set of two (2) traffic signal cabinets on the southeast corner of Magnesia Falls Drive and Portola Avenue - funds are available in the FY 2016-2017 budget, with no impact on the General Fund. N. REQUEST FOR APPROVAL of Contract with Same Day Express in the Amount of $4,680 for Deinstallation of the 2015-2016 El Paseo Exhibition and Installation of the 2017-2018 El Paseo Exhibition (Contract No. C35620). Rec: By Minute Motion: 1) Approve the subject contract with Same Day Express, Palm Desert, California, in the amount of $4,680 for Deinstallation of the 2015-2016 El Paseo Exhibition and Installation of the 2017-2018 El Paseo Exhibition; 2) authorize Mayor to execute said contract - funds are available in Account No. 4364650-4400200. 7 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2016 O. REQUEST FOR APPROVAL to Refund Plan Check Fees for Receipt Nos. 16-69621 and 16-69622 (Ray Herrera/Ecowize, Inc., Applicant). Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. P. REQUEST FOR APPROVAL for Funding the Temporary Traffic Control for the Palm Desert Farmers Market Events Located at 72559 Highway 111 in an Amount Not to Exceed $15,000 for the 2016-2017 Season. Rec: By Minute Motion, approve the request for funding of the water barricade and traffic signs in conjunction with the Wednesday morning Palm Desert Farmers Market Events located at 72559 Highway 111 in an amount not to exceed $15,000 for the 2016-2017 Season - funds are available in Marketing Account No. 1104417-4322200 (Special Events). Q. REQUEST FOR APPROVAL of the Y-Be-Fit Palm Desert Challenge Event Date, Traffic Control Plan, Temporary Waiver of Amplified Sound, and Sponsorship Expenditure. Rec: By Minute Motion: 1) Approve the 2016 Y-Be-Fit Palm Desert Challenge Event scheduled for Sunday, October 2, 2016; 2) approve the proposed event route and road closures; 3) approve temporary waiver to Palm Desert Municipal Code (PDMC) Section 11.01.140 (Amplified Sound); 4) authorize expenditure of sponsorship funds in an amount not to exceed $25,000 from Account No. 1104416- 4306201. Mayor Pro Tern Harnik requested Item G be removed for separate consideration under Section XI, Consent Items Held Over, and Councilman Jonathan asked that Item O also be removed for separate consideration. Upon a motion by Tanner, second by Weber, and 5-0 vote of the City Council (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None), the remainder of the Consent Calendar was approved as presented. 0 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2016 XI. CONSENT ITEMS HELD OVER G. REQUEST FOR AUTHORIZATION to Release Security on file for Tract No. 36816 (Absolute Partners, Applicant). Mayor Pro Tern Harnik recused herself and left the Council Chamber. Councilman Tanner moved to, by Minute Motion, authorize City Clerk to release the security on file for Tract No. 36816. Motion was seconded by Weber and carried by a 4-0 vote (AYES: Jonathan, Tanner, Weber, and Spiegel: NOES: None; ABSENT: Harnik). O. REQUEST FOR APPROVAL to Refund Plan Check Fees for Receipt Nos. 16-69621 and 16-69622 (Ray Herrera/Ecowize, Inc., Applicant). Councilman Jonathan recused himself and left the Council Chamber. Councilman Tanner moved to, by Minute Motion, approve the refund of $9,075.81 to Ecowize, Inc., for Building and Fire Plan Check Fees that were calculated in error. The correct plan review fees will be collected upon permit issuance. Motion was seconded by Harnik and carried by a 4-0 vote (AYES: Harnik, Tanner, Weber, and Spiegel: NOES: None; ABSENT: Jonathan). XII. RESOLUTIONS None XIII. ORDINANCES A. For Introduction: None B. For Adootion: None 9 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2016 XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF THE 2017 PALM DESERT HEALTH + WELLNESS DAY EVENT AT CIVIC CENTER PARK AND RELATED TEMPORARY WAIVERS OF THE MUNICIPAL CODE (Seth Cash/My City Everyday, Applicant). Management Analyst Kimberly Warpinski was excited to introduce this new event, which is referred to as the "Live Well - Palm Desert," and is to take place at the Civic Center Park in January when resolutions are high. It's a chance to bring together local businesses and community members to promote health and wellness and jump start those resolutions. She noted the Applicant was available to answer questions. Councilman Tanner moved to, by Minute Motion, approve: 1) The 2017 Palm Desert Health + Wellness Day at Civic Center Park scheduled for Saturday, January 7, 2017, from 10:00 a.m. to 9:00 p.m.; 2) temporary waiver to Palm Desert Municipal Code (PDMC) Section 11.01.080.0 (Erection of Advertising Signage in Parks); 3) temporary waiver to Palm Desert Municipal Code (PDMC) Section 11.01.080 (Prohibited Conduct Generally in City Parks, Item Q - Vendor Sales). Motion was seconded by Weber and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). B. REQUEST FOR AUTHORIZATION TO PURCHASE GREENS FERTILIZER PRODUCTS FROM SOUTHWEST TURF SUPPORT, LLC, IN AN AMOUNT NOT TO EXCEED $115,000 FOR DESERT WILLOW GOLF RESORT - FISCAL YEAR 2016-2017 (CONTRACT NO. C35410). Mr. Alvarez stated the Desert Willow greens is one of the most important assets when preserving the quality of experience and the conditions of the putting surfaces. Therefore, this request is for the purchase of fertilizer, specifically from Southwest Turf Support who is the lone provider in Riverside County for Floratine products, which are necessary for these greens. Last year staff made the same request as a sole source in an amount not to exceed $115,000. The amount of fertilizer will be applied as needed with the direction of the superintendent. This year staff reviewed comparable fertilizers in the market and concluded they are within industry standards, and this contract will reflect that cost. Responding to question, he confirmed the amount of this contract was the same as last year. Councilman Tanner moved to, by Minute Motion, authorize:1) Desert Willow Golf Resort to purchase Greens Fertilizer Products from Southwest Turf Support, LLC, Phoenix, Arizona, FY 2016-2017, in an amount not to exceed $115,000; 2) Mayor to execute said contract - funds are available in the FY 2016-2017 Desert Willow Operating Budget, Course and Grounds Expenses Account No. 5204195-4803100. Motion was seconded by Jonathan and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). 10 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2016 C. REQUEST FOR AWARD OF CONTRACT FOR LAND SURVEYING, MAPPING, AND UTILITY RESEARCH SERVICES FOR THE SAN PABLO AVENUE STREET IMPROVEMENT PROJECT TO MSA CONSULTING, INC., IN AN AMOUNT NOT TO EXCEED $72,821 (CONTRACT NO. C35520A, PROJECT NO. 691-16). Mr. Greenwood stated this contract is to further the Vision San Pablo Project to renovate San Pablo. He pointed out that staff was recommending a local consultant. Also, he requested adding recommendation No. 3 to appropriate $1,000 to cover miscellaneous expenses for the advertising of this contract. Mayor Pro Tem Harnik moved to, by Minute Motion, approve as amended: 1) Award Contract No. C35520A for land surveying, mapping, and utility research services for the San Pablo Avenue Street Improvement Project to MSA Consulting, Inc., Rancho Mirage, California, in an amount not to exceed $72,821; 2) appropriate $72,821 from unobligated General Fund monies to Account No. 4004430-5000101; 3) appropriate $1,000 to cover miscellaneous expenses (advertising); 4) authorize Mayor to execute said contract. Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). D. REQUEST FOR AWARD OF CONTRACT TO GLYN DONALD GRAY dba GDG, IN AN AMOUNT NOT TO EXCEED $90,000 FOR OPERATION OF THE EL PASEO COURTESY CART SERVICE (CONTRACT NO. C35630). Economic Development Manager Ruth Ann Moore stated that per the Ordinance, the contract went out to bid. A Request for Proposals was advertised, and the City received one bid, which was from the current operator GDG. She noted there was no increase to the hourly rate; therefore, staff recommended approval of the contract. Councilman Jonathan noted he had approached Ms. Moore about an alternative and similar ride service called "FRED," which is used in several cities throughout the Country. It turned out that Ms. Moore had already looked into it. Ms. Moore added she will investigate further and submit some information for Council's consideration. Councilman Tanner moved to, by Minute Motion: 1) Award subject contract for the operation of the El Paseo Courtesy Cart Service to Glyn Donald Gray dba GDG, Palm Desert, in an amount not to exceed $90,000 ($87,500 for scheduled and special event hours and $2,500 for vehicle maintenance and repairs), commencing October 29, 2016, through May 14, 2017; 2) authorize the reimbursement of $5,000 from El Paseo Business Improvement District Account No.1104491-4321500 to Courtesy Cart Account No.1104416-4368100 as contribution toward operations; 3) authorize Mayor to execute said contract. Motion was seconded by Harnik. 11 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2016 Responding to question on the name of the company, Councilman Jonathan said it was "FRED Ride Service San Diego," and if you Google it, you will also learn about the parent company that operates the service. Mayor Spiegel asked if they used golf carts. Councilman Jonathan replied the shuttles are larger and it's a free service. Mayor Spiegel commented that Palm Desert used to have that through SunLine, but the company went under. Ms. Moore said the website is called "The Free Ride.com." She went on to say it was an advertising vehicle, so that was something Council would have to consider. However, this company operates in very large tourist areas such as Ft. Lauderdale and Santa Monica, stating they just got an award for a contract in San Diego. She is having discussions with them, but she wasn't sure Palm Desert was large enough for them. Mayor Spiegel called for the vote and the motion carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). E. REQUEST FOR APPROVAL OF DOWN PAYMENT ASSISTANCE LOANS FROM ANY AVAILABLE FUNDING SOURCE RESTRICTED FOR THIS PURPOSE IN AN AMOUNT NECESSARY TO SECURE AN AFFORDABLE HOUSING COST ASSOCIATED WITH A DIRECT SALE IN DESERT ROSE - 75-436 WILDFLOWER LANE (APN 634-061-009) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Senior Management Analyst Veronica Tapia said this transaction was a direct sale between an independent seller and buyer. The Housing Authority was merely offering home buyer assistance to facilitate the transaction and maintain the affordability covenant. Councilman/Member Jonathan moved to, by Minute Motion: 1) Approve a silent down payment assistance loan associated with a direct sale in Desert Rose, not to exceed 40% of a sales price of $132,390 to ensure an affordable housing cost pursuant to California Health & Safety Code Section 50052.5 for a qualified low- or moderate -income household from any available funding source restricted for such purpose (Low and Moderate Income Housing Asset Fund, BEGIN Fund and Housing Mitigation); 2) Authorize the payment of the transaction costs if necessary for the purpose of repairs required for closing, fees customary to real estate transactions in Riverside County including escrow, title, FHA fees, inspections, vermin eradication, commissions and disclosures up to a maximum of $3,500; 3) authorize use of the Desert Rose Sales Program and documents, including the restrictive covenant and loan documents for the applicable funding source, and authorize the Mayor to execute; 4) authorize Director of Finance to draw monies from 12 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2016 the relative funds to facilitate the transaction; 5) authorize Authority Chairman and/or the Authority's Executive Director, or his designee, to finalize and execute any ancillary documents necessary to effectuate the actions taken herewith - monies are available in the appropriate account in the Low and Moderate Income Housing Asset Fund, BEGIN Fund and Housing Mitigation Fund. Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 1 TO CONTRACT NO. C34940 WITH EARTH SCULPTURES IN THE AMOUNT OF $151,268.33 FOR ADDITIONAL SCOPE OF WORK FOR THE FIRECLIFF GOLF COURSE BUNKER RENOVATION PROJECTAT DESERT WILLOW GOLF RESORT. Mr. Alvarez stated that the proposed change order will address additional scope of work that was not included in the specifications and is outlined in the staff report. The additional scope of work includes: 1) Additional site demo; 2) additional fill material throughout the course; 3) added shaping and grading of the surfaces to apply the sod; 4) additional installation of sod. He recalled for the Council that in May staff showed them the plans where bunkers would be eliminated. Through the construction and direction of the architect, staff found there were significant grade differences, angulations, and elevation changes throughout the course, which makes the course very unique. He added that Desert Willow is a very dramatic and unique course, which places the course at the high -caliber level. When going through the construction process, the architect came on the site several times and provided direction on those disturbed areas to properly contour and fill in the bunkers to avoid leaving humps that would affect the experience and play. There was a significant amount of earth work that needed to be applied to the majority of the bunker. He displayed photographs of the areas that needed to be properly graded and expanded. The slide presentation illustrated the disturbed bunker areas prior to them being finished. He said the finish product was to appear as if the bunkers never existed previously, which was the goal of the architect. The additional work was significant and more than anticipated in the original scope and specifications. Staff worked with the contractor who has been doing a great job to completely put the bunkers back together. In conclusion, staff requested the contingency of $63,200 be transferred to the contract base and appropriate an additional $88,068.33 from Fund 441 in order to complete the project. 13 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2016 Councilman Jonathan questioned if the required work should have been foreseen and anticipated in the original design, instead of incurring the added cost now. Mr. Alvarez replied there are two frames of thoughts or processes that could be taken. One is taking the approach of creating a fully engineered design where you have a tight set of plans that one can specify at a cost of $60,000 to $70,000. However, these golf courses are very fluid. When you have the golf course architect on site looking at tee boxes from fairways and from greens, attempting to preserve the intent of the original design, there will be field adjustments even if you had a set of grading plans. He added there are give and take when you have engineered plans or field adjustments. However, in this case, staff did not anticipate the severe movement of dirt that is necessary to fill in the bunkers out at Desert Willow. Councilman Jonathan commented that by using the field adjustment approach, staff is indicating that the added cost would have been incurred otherwise anyway by employing that original $60,000 for a specific design. Mr. Alvarez answered yes, potentially. Mr. McCarthy noted that Councilman Jonathan's point was well taken, stating there was a lot of discussion about how to approach this. He believed the City saved some money that it would have had to spend anyway on the design to tighten things up. Going forward, the best thing to do, if it's going to use a similar approach, is to have a heavier contingency. This way, at least the Council has an anticipation that there will be some variances that are just not anticipated. MR. THEISEN DOWNING, Earth Sculptures, Inc., stated he was just making himself available to answer questions. Mayor Pro Tern Harnik moved to, by Minute Motion: 1) Approve subject change order with Earth Sculptures in the amount of $151,268.33 for additional scope of work required to complete the Firecliff Golf Course Bunker Renovation Project at Desert Willow Golf Resort; 2) authorize Director of Finance to transfer the 10% contingency ($63,200) to contract base; 3) appropriate an additional $88,068.33 from Fund 441 to Account No. 4414195-4809200; 4) Mayor to execute said change order. Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Harnik, Jonathan, Tanner, Weber, and Spiegel; NOES: None). XVII. PUBLIC HEARINGS None 14 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2016 XVIII. REPORTS AND REMARKS A. CITY MANAGER Interim Citv Manager's Meeting Summaries Resort for the Period of July 18-August 12, 2016. With City Council concurrence, the Interim City Manager Meeting Summaries were received and filed. B. CITY ATTORNEY Rent Review Commission Mr. Hargreaves recalled for the Council that a few months ago there was an item on the Rent Review Commission where staff tried to reconfigure it to make it more manageable. He and staff have had several meetings with the residents, including one a couple of weeks ago, and there seems to be a consensus to take the Commission from five members down to three members. The residents felt they really need the Commission as a buffer in the process. He said if the membership is taken down to three members, the City would be in a situation where it more likely is able to recruit people and manage that going forward. He said staff will bring this item to the Council at the second meeting of September. Also, this same group will look at long-term changes in the Rent Control Ordinance, which has not been modified in 30 years and it needs to be updated. 2. Ordinance Updates Mr. Hargreaves reported there are different ordinance updates working their way up through the system within all the Departments, which will come before the City Council for consideration within the next six months. C. CITY CLERK None D. PUBLIC SAFETY Fire Department None 15 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2016 2. Police Department Councilman Jonathan asked about the "Coffee with the Cop Event," stating that unfortunately the Council had to miss it because it was conducting interviews for the City Manager position. Lt. Baur responded it was a success. The event was mainly directed at the merchants on El Paseo, which is a little different from what they have done in the past. He said they didn't advertise in the paper or media; they only passed out flyers. However, the turnout was good, and they plan to do different variations to increase their outreach. The next event is scheduled for October. Councilman Jonathan thanked the Department for connecting with the community. Councilman Tanner said he didn't know if Ms. Ruth Ann Moore had related to him that one of the suggestions that came out of this morning's meeting is to have the event between 12:00 noon and 2:00 p.m., and at a location where everybody really wants to drink coffee. Lt. Baur said that was a good point, but he had to work with the provider. Further responding, he said they held an event for the community in August and he plans to hold them monthly. E. MAYOR AND MEMBERS OF THE CITY COUNCIL Councilmember Susan Marie Weber's Meetina Summaries Report for the period of July 18 - August 12, 2016. With City Council concurrence, the Meeting Summaries were received and filed. 2. Council Requests for Action/Committee Reports/Comments: a) Councilman Sabbv Jonathan Reports/Comments: - CVAG Homeslessness Committee - He reported that Part 2 of the workshop took place. He thanked Lt. Baur, Sgt. Zamora, City of Palm Desert Director of Special Programs Frankie Riddle, and Lauri Baldwin from the Palm Desert Chamber of Commerce. He said they finished the planning portion and decided on several major priorities for the coming year, some of which, will impact the City of Palm Desert. 16 PRELIMINARY MINUTES DRAFT REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2016 - Captain Sue Trevino Retirement Partv - He and Mayor Pro Tern Harnik attended the party, stating it was a lot of fun and there was camaraderie with the men and women in blue. He appreciated the invitation and opportunity to be there and looked forward to working with Captain Teets. b) Mayor Pro Tern Jan C. Harnik Reports/Comments: - Desert Vallev Builders Association -Public Works Luncheon - She and Councilmember Weber attended the function. She said the City's Capital Improvement Project Technician Cora Gaugush provided a presentation and did an outstanding job, adding she learned a few new things about Palm Desert. - Wellness Challenae Kick-off Event - She and Director of Human Resources Lori Carney attended the kick-off event. The event included representatives from cities, organizations, the chambers, and other entities. In the near future, staff will be rolling out plans for everyone to participate, and it's a competition that Palm Desert should win. Lastly, she announced that Councilman Tanner has a new grandson. 3. Council Consideration of Travel Requests and Reports: None XIX. ADJOURNMENT With City Council concurrence, Mayor Spiegel adjourned the meeting at 4:47 p.m. ATTEST: ROBERT A. SPIEGEL, MAYOR GRACE L. MENDOZA, ACTING CITY CLERK CITY OF PALM DESERT, CALIFORNIA 17